Sigafoose v. Cobb

Court of Appeals of Georgia, Third Division

May 18, 2018

SIGAFOOSEv.COBB.

ELLINGTON, P. J., BETHEL, J., and SENIOR APPELLATE JUDGE
PHIPPS

Bethel, Judge.

Herbert
Rhett Cobb and Amber Elizabeth Sigafoose are the parents of a
minor child. Cobb, who resides in North Carolina, filed a
complaint for legitimation and child custody in Gwinnett
County Superior Court against Sigafoose.[1] Sigafoose
answered the complaint and also filed a counterclaim
requesting that she maintain sole physical and legal custody
to the child. After a hearing, the trial court entered a
temporary order granting physical custody of the child to
Cobb, pending a psychological evaluation of
Sigafoose.[2] Following that evaluation and a second
hearing, the trial court issued a final order in which it
granted the parties joint legal custody of the child, awarded
Cobb primary physical custody, afforded Sigafoose visitation
rights, [3] and ordered Sigafoose to pay attorney
fees. Sigafoose claims on appeal that the custody award and
the award of attorney fees were erroneous. For the reasons
set forth below, we disagree and affirm.

1.
Sigafoose first argues that the trial court abused its
discretion in issuing its custody award. We disagree.

Where the trial court has exercised its discretion and
awarded custody of children to one fit parent over the other
fit parent, this Court will not interfere with that decision
unless the evidence shows the trial court clearly abused its
discretion. Where there is any evidence to support the
decision of the trial court, this Court cannot say there was
an abuse of discretion.

So
viewed, testimony at an initial hearing held for this case
showed that Cobb and Sigafoose originally met through an
online dating website and began a dating relationship. At the
time, they resided in neighboring towns in Florida. They went
on several dates together and soon became engaged to be
married. They planned to marry five months later. During
their engagement, Sigafoose became pregnant. The relationship
between Sigafoose and Cobb thereafter deteriorated.

During
that time, Sigafoose began receiving calls from a man in
Atlanta with whom she had a previous relationship that
included cohabitation. She left Florida and moved in with him
at his home in the Atlanta area. Sigafoose was physically and
verbally abused by this man on several occasions (including
in their prior relationship), and she had previously returned
to live with her parents at their home in Florida on multiple
occasions before returning to Atlanta to live with him again.

Sigafoose's
mother and father testified at the initial hearing. Both
testified that they believed Cobb would be a good father,
noting the close ties he maintained with his own parents.

Sigafoose's
parents also testified that they were concerned about the
child's well-being if left in Sigafoose's care
because of the abusive relationship Sigafoose had with the
man she lived with in Atlanta. Sigafoose's mother
testified that in text conversations she had with the man, he
had said "inappropriate" things to her and told her
to stay away from Sigafoose. The man had also threatened to
harm Sigafoose's parents if they tried to visit them in
Atlanta. Sigafoose had also told her parents not to contact
her, and, as of the time of the initial hearing, they had not
had any contact with her for over a year and a half and had
never met the child. Sigafoose had also foregone contact with
Cobb's parents, neither of whom had met the child as of
the time of the hearing.

The
record also established that Cobb maintained employment as a
restaurant manager. He maintained a clean home, which
included a furnished room for the child, and he made
arrangements for the child to attend a local daycare. Cobb
testified that he made his own schedule, which afforded him
flexibility. He noted that he had taken court-recommended
parenting classes in preparation for his efforts to obtain
custody of the child.

Cobb
also testified that he had never seen the child in person,
having only seen Facebook pictures of her since her birth.
Sigafoose confirmed that Cobb never met the child prior to
the initial hearing in this case. Cobb testified that
Sigafoose had misled him about her whereabouts after she left
Florida. Cobb was not present at the birth of the child, and
he testified that Sigafoose had refused to tell him which
hospital she would be admitted to for the delivery In her
testimony at the initial hearing, Sigafoose indicated that
she did not want the child to have a relationship with Cobb
or with her own parents.

After
the initial hearing, Cobb was awarded physical custody of the
child on a temporary basis. Sigafoose was granted a right to
regular supervised visitation, and she was ordered to submit
to a psychological evaluation.

Six
months later, the trial court held a final hearing in the
case. Cobb testified that after he was awarded custody under
the temporary order, he moved from Florida to North Carolina,
which allowed him to be closer to his parents and to shorten
the distance Sigafoose would have to travel for visitation
with the child. He testified that the child had her own
bedroom in the new residence. He also testified that he
maintained his position with the restaurant company that
employed him, overseeing a ...

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